Motion for Furlough - Utah

MOTION FOR FURLOUGH

Table of Contents

1. Caption
2. Defendant/Inmate Information
3. Grounds for Furlough
4. Statutory Authority
5. Proposed Conditions of Furlough
6. Risk Assessment
7. Supporting Documentation
8. Proposed Order
9. Certificate of Service

Caption

IN THE [________________________________] DISTRICT COURT
[________________________________] JUDICIAL DISTRICT
[________________________________] COUNTY, STATE OF UTAH

MOTION FOR FURLOUGH / TEMPORARY RELEASE

The Defendant/Inmate, [________________________________], by and through undersigned counsel, requests a nonbinding court recommendation only if a pending case and separate authority make that request appropriate. The operative interstate-furlough request must be submitted to the official designated by the sending state under Utah Code § 77-34-2; this form does not establish judicial power to grant a furlough.

Defendant/Inmate Information

Grounds for Furlough

☐ Visit Critically Ill Relative
The Defendant's [________________________________] (relationship) is critically ill at [________________________________] (medical facility). The family member's condition is [________________________________]. Medical documentation is attached as Exhibit [____].

☐ Attend Funeral
The Defendant's [________________________________] (relationship) passed away on [__/__/____]. Funeral services are scheduled for [__/__/____] at [________________________________].

☐ Obtain Medical Services
The Defendant requires medical treatment for [________________________________] that is not available at the correctional facility. Supporting medical documentation is attached.

☐ Contact Prospective Employers
The Defendant has an employment opportunity with [________________________________] and requires temporary release to [________________________________] (attend interview, complete paperwork, begin orientation).

☐ Secure Suitable Residence
The Defendant seeks to secure housing at [________________________________] in preparation for release on [__/__/____].

☐ Reentry/Reintegration
The Defendant is within [____] days of release and requires furlough for community reintegration purposes, specifically [________________________________].

☐ Other Purpose Consistent with Rehabilitation
[________________________________]

Statutory Authority

Utah Code Title 77, Chapter 34 is the Uniform Interstate Furlough Compact. It governs out-of-state leave to another compact state, not a generic intrastate furlough and not an ordinary sentencing-court motion.

1. Utah Code § 77-34-2(6)-(7) defines an interstate furlough and places the grant or acceptance decision with the designated appropriate officials of the sending and receiving states.

2. Utah Code § 77-34-3 lists compact purposes and conditions. The residual rehabilitation purpose is determined in the opinion of the appropriate sending-state official.

Key Provisions:

• Maximum compact furlough period: 15 days including travel time
• An extension requires the furloughee's written request, the sending-state official's grant, and receiving-state consent
• Furloughed inmates on interstate compact remain subject to receiving state laws

Route gate: If the requested leave is entirely within Utah, do not use Chapter 34 as authority. Attach the current Utah Department of Corrections policy or other controlling authority identifying the decision-maker, eligibility, procedure, duration, and conditions.

Proposed Conditions of Furlough

Additional Proposed Conditions:

☐ Defendant shall remain at the designated destination at all times
☐ Defendant shall not consume alcohol or controlled substances
☐ Defendant shall not possess firearms or dangerous weapons
☐ Defendant shall comply with all federal, state, and local laws
☐ Defendant shall return to the facility by the designated date and time
☐ Defendant shall report to [________________________________] (supervision contact) as directed
☐ Defendant shall submit to electronic monitoring if required
☐ Defendant shall not leave [________________________________] County without authorization
☐ Defendant shall be escorted by DOC personnel (if required)
☐ Other: [________________________________]

Risk Assessment

1. Institutional Conduct: The Defendant has maintained [________________________________] conduct, with [____] disciplinary incidents in the past [____] months/years.

2. Security Classification: The Defendant is currently classified at [________________________________] level.

3. Program Participation: The Defendant has completed/is participating in: [________________________________].

4. Community Ties: The Defendant has [________________________________] (family, housing, employment).

5. Prior Furlough History: [________________________________].

6. Time Served: The Defendant has served [________________________________] of the imposed sentence.

7. Board of Pardons and Parole Status: [________________________________].

Supporting Documentation

☐ Exhibit A — Medical documentation for critically ill relative
☐ Exhibit B — Death certificate, obituary, or funeral notice
☐ Exhibit C — Employment verification or offer letter
☐ Exhibit D — Housing verification
☐ Exhibit E — Institutional conduct and classification report
☐ Exhibit F — Program participation records
☐ Exhibit G — Community sponsor affidavit
☐ Exhibit H — Proposed furlough plan/itinerary
☐ Exhibit I — [________________________________]

Proposed Order

IN THE [________________________________] DISTRICT COURT
[________________________________] COUNTY, STATE OF UTAH

NONBINDING RECOMMENDATION REGARDING FURLOUGH

Upon consideration of the Motion for Furlough filed by the Defendant, [________________________________], and for good cause shown:

IT IS RECOMMENDED, without displacing the authority of the designated corrections official, that the request be considered for a period of [____] days, commencing on [__/__/____] and concluding on [__/__/____], subject to the controlling corrections policy and any approved conditions:

1. [________________________________]
2. [________________________________]
3. [________________________________]

The filing party shall transmit this recommendation and the operative administrative request to the designated corrections official.

Date: [__/__/____]

___________________________________________
District Court Judge

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of this Motion for Furlough was served upon:

☐ [________________________________] County Attorney's Office / District Attorney — [________________________________]
☐ Utah Department of Corrections — [________________________________]
☐ Board of Pardons and Parole (if applicable) — [________________________________]
☐ Victim(s) / Office of Victims of Crime — [________________________________]
☐ Other: [________________________________]

Method of Service: ☐ Hand Delivery ☐ U.S. Mail ☐ Electronic Filing ☐ Email

___________________________________________
Attorney for Defendant
[________________________________]
[________________________________] (Bar Number)
[________________________________] (Address)
[________________________________] (Phone)
[________________________________] (Email)

Utah-Specific Notes

• Decision-maker: Identify the official designated by the sending state and attach the current corrections policy; Chapter 34 does not designate the sentencing court as the grantor.
• Interstate scope: Chapter 34 applies to out-of-state leave to another compact state.
• Maximum duration: The compact's ordinary maximum is 15 days including travel; an extension has the conditions stated in § 77-34-3(2).
• Intrastate requests: Use a current, separately verified Utah corrections route rather than importing the compact rules.